Request for Production
During the pre-trial process known as the discovery phase, all evidence, depositions, written testimony, documents and anything else pertinent to the case at hand is gathered, examined and organized. During this process, either party may make a request for production of the other.
Trials in the U.S. have (at least until September of 2006 and the passage of the Military Commissions Act) been based on principles of transparency and openness. In short, no fact of evidence should be hidden from anyone involved in the action.
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Under Federal Rule of Civil Procedure 34, "Any party may serve on any other party a request...to inspect, copy, test, or sample any designated documents or electronically stored information - including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained" and/or "permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon."
In making such a request, the party must specify what is to be inspected, including a detailed description of the items or property. In addition, the request for production must specify the time, place and method of inspection.
Once such a request has been served, the party to whom the request is made has up to 30 days to respond in writing, although this period may be made longer or shorter at the court's discretion. The response must either grant permission to an examination of each item. If there is good cause to deny such a request, such a cause must be outlined in the response.